20120172 Ver 1_More Info Received_20130430

Strickland, Bev
From: Higgins, Karen
Sent: Tuesday, April 30, 2013 3:41 PM
To: Strickland, Bev
Subject: FW: SAW 2007 01135 / DWQ 12 -0172 Amberleigh Shores - Declaration of Wetlands
Attachments: 20130430140442315. pdf
For Laserfiche...
Thanks -
Karen
Karen Higgins
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
NCDENR - Division of Water Quality
1650 Mail Service Center, Raleigh, NC 27699 -1650
Phone: [phone]
Email: karen.higgins @ncdenr.gov
Website: http: / /Portal.ncdenr.org /web /wq /swp /ws /webscape
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Dana A. Lutheran [mailto:dlutheranCa)se. i.us]
Sent: Tuesday, April 30, 2013 3:38 PM
To: 'Hughes, Emily B SAW'; Coburn, Chad
Cc: Higgins, Karen
Subject: SAW 2007 01135 / DWQ 12 -0172 Amberleigh Shores - Declaration of Wetlands
Emily / Chad,
For your records, please find attached a copy of the recorded language and map for, Amberleigh Shores. Let me know if
you need anything further.
F9 Mm
5outkern Environmental Group, Inc.
55 1 5 5outk College Koad, Suite E
Wilmington, NC 2841 Z
Fkone: 9 10.45 2.271 1
Mo%ile: 9 1 0.228. 1 841

i201ro04u026 wniMm�nu
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER H MACNEISH
NEW HANOVER COUNTY, NC
2012 NOV 27 01 17 39 PM
BK 5691 PG 1650 -1657 FEE $26 00
Prepared by and return to
Richard A Fishman
Burr & Forman LLP
171 17'" Street NW, Suite 1 100
Atlanta, GA 30363
STATE OF NORTH CAROLINA )
COUNTY OF NEW HANOVER )
DECLARATION OF CONSERVATION COVENANTS, CONDITIONS
AND RESTRICTIONS
This DECLARATION OF CONSERVATION COVENANTS, CONDITIONS, AND
RESTRICTIONS (" Conservation Declaration ") is made this23!!day of November, 2012, by
AMBERLEIGH SHORES, LLC, a Delaware limited liability company, at 900 Brookstone
Centre Parkway, Columbus, Georgia 31904 ( "Declarant ")
RECITALS & CONSERVATION PURPOSES
A Declarant is the sole owner in fee simple of the certain Conservation Property being
approximately 3 68 acres more particularly described in Exhibit A attached hereto and by this
reference incorporated herein as shown and identified as "Manageable Wetlands Preservation" and
"Strict Wetlands Preservation" on Exhibit "A" (the "Conservation Property "), and
B The purpose of this Conservation Declaration is to maintain wetland and /or riparian
resources and other natural values of the Conservation Property, and prevent the use or development
of the Conservation Property for any purpose or in any manner that would conflict with the
maintenance of the Conservation Property in its natural condition The preservation of the
Conservation Property in its natural condition is a condition of Department of the Army permit
Action ID SAW- 2007 -01135 issued by the Wilmington District Corps of Engineers (Corps), required
to mitigate for unavoidable impacts to waters of the United States authorized by that permit, and this
Conservation Declaration may therefore be enforced by the United States of America
W y0, + Etx,(t,j t+- o..,rn�,
1544840 v5 P 0 DRAWER 2086
HIGH POINT NC 27261

NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the
Conservation Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all parties that
have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Conservation Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair or interfere
with the conservation purposes of this Conservation Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment
of the natural features of the Conservation Property or any introduction of non- native plants and/or
animal species is prohibited
B Construction There shall be no constructing or placing of any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole,
tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on
or above the Conservation Property
C Industrial, Commercial and Residential Use. Industrial, residential and/or commercial
activities within the Conservation Property, including any right of passage for such purposes, are
prohibited
D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Conservation Property are prohibited.
E Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Conservation Property, except for those areas of
the Conservation Property classified for Managed Wetland Protection as identified on the Plat and
the Permit and which is necessary to prevent injury to life or damage to property, or maintain the
natural features of the Conservation Property.
F Roads and Trails There shall be no construction of roads, trails or walkways on the
Conservation Property,
G. Sim No signs shall be permitted on or over the Conservation Property, except
the posting of no trespassing signs, signs identifying the conservation values of the Conservation
Property, signs giving directions or proscribing rules and regulations for the use of the Conservation
Property and/or signs identifying the Declarant as owner of the Conservation Property.
H. Dumping or Storage Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or
1544840 v6

any placement of underground or aboveground storage tanks or other materials on the Conservation
Property is prohibited.
I. Excavation, Dredging or Mineral Use There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner on the Conservation Property,
except to restore natural topography or drainage patterns
J Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with
water control structures or devices, or disruption or alteration of the restored, enhanced, or created
drainage patterns on the Conversation Property. In addition, diverting or causing or permitting the
diversion of surface or underground water into, within or out of the Conservation Property by any
means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use
of pesticide or biocides within the Conservation Property is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a transferable
development rights scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all- terrain vehicles, cars and trucks on the Conservation Property is
prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Conservation Property which
is or may become inconsistent with the purposes of this grant, the preservation of the Conservation
Property substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE 11. ENFORCEMENT & REMEDIES
A. This Conservation Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army Corps of
Engineers, Wilmington District, and therefore may be enforced by the United States of America This
covenant is to run with the Property and shall be binding on all parties and all persons claiming under
the Declarant
B. Corps, its employees and agents and its successors and assigns, have the right, with
reasonable notice, to enter the Conservation Property at reasonable times for the purpose of
inspecting the Conservation Property to determine whether the Declarant, Declarant's
representatives, or assigns are complying with the terms, conditions and restrictions of this
Conservation Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle
Corps to bring any action against Declarant for any injury or change in the Conservation Property
caused by third parties, resulting from causes beyond the Declarant's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by
1544840 v6

the Declarant under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to Conservation Property or harm to the Conservation Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the
Conservation Property for any purposes whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition The Declarant represents and acknowledges that
the Conservation Property is currently undeveloped land, with no improvements other than any
existing utility lines, declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the sole owner
and is seized of the Conservation Property in fee simple and has good right to make the herein
Conservation Declaration; that there is legal access to the Property, that the Conservation Property is
free and clear of any and all encumbrances, except any existing utility lines, declarations of record
and public utilities and rights of way
ARTICLE V. MISCELLANEOUS
A Conservation Purpose. Declarant, for itself, its successors and assigns, agrees that
this Conservation Property shall be held exclusively for conservation purposes
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the Conservation Declaration and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Declaration. If any provision is found to
be invalid, the remainder of the provisions of this Conservation Declaration, and the application of
such provision to persons or circumstances other than those as to which it is found to be invalid, shall
not be affected thereby.
C. Recordiniz Declarant shall record this instrument and any amendment hereto in
timely fashion in the official records of New Hanover County, North Carolina, and may re- record it
at any time as may be required to preserve its rights
D. Environmental Condition of Conservation Property. The Declarant warrants and
represents that to the best of its knowledge after appropriate inquiry and investigation (a) the
Conservation Property described herein is and at all times hereafter will continue to be in full
compliance with all federal, state and local environmental laws and regulations, and (b) as of the date
hereof there are no hazardous materials, substances, wastes, or environmentally regulated substances
(including, without limitation, any materials containing asbestos) located on, in or under the
Conservation Property or used in connection therewith, and that there is no environmental condition
existing on the Conservation Property that may prohibit or impede use of the Conservation Property
for the purposes set forth in the Recitals.
1544840 v6

IN WITNESS WHEREOF, the undersigned has executed this Conservation Declaration
this i _ day of November, 2012
DECLARANT AMBERLEIGH SHORES, LLC, a
Delaware limited liability company
By Flournoy Development Company,
LLC, a Georgia limited liability
company, Its sole Member/Manager
By.
Thomas . Flournoy, its eside
STATE OF GEORGIA
COUNTY OF MUSCOGEE C�
Aftl t l a Pt. Oki Notary Public of Muscogee County, State of Georgia, do
hereby certify that Thomas H Flournoy, personally appeared before me this day and by authority
d ly given, acknowledged the due execution of the foregoing instrument as manager on behalf of
F�a, at .
.I certify that the Signatory personally appeared before me this day, and
(check one of the following and mark through all blank lines or spaces)
I have personal knowledge of the identity of the Signatory, or
I have seen satisfactory evidence of the Signatory's identity, by a current state
or federal identification with the Signatory's photograph in the form of.
(check one of the following and mark through all blank lines or spaces)
_ a driver's license, or
_ in the form of ; or
a credible witness has sworn to the identity of the Signatory
The Signatory acknowledged to me that he voluntarily signed the foregoing instrument
for the purpose stated and in the capacity indicated //��
Witness my land and official st p or seal this /� � ' day of 5 OV , 2012
•`� O��N M ,s
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U ': y . //r N y lic
`• Print Name.( 0�1,6te UGt ! lul.
EXPIRES = b,
GEORGIA
FEe 27, 2014 [Note: Notary Public must scgnfxactly as n notary seal]
�G�,C,AUnL�Q.••'� ; My Commission Expires; (Z 7 (/
•, p AWARY SEAL] (MUST BE FULLY LEGIBLE)
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EXHIBIT "A"
CONSERVATION PROPERTY
SEE ATTACHED
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